Kisumu Legal AID Clinic Report - Kelin

LEGAL AID CLINIC
HELD IN KISUMU COUNTY, KENYA ON 5TH APRIL, 2013

Legal Aid Clinic Report
TABLE OF CONTENTS
TABLE OF CONTENTS ......................................................................................................................... 1
ABBREVIATIONS .................................................................................................................................. 2
BACKGROUND ..................................................................................................................................... 3
EXECUTIVE SUMMARY ...................................................................................................................... 4
LEGAL AID OBJECTIVES ..................................................................................................................... 5
METHODOLOGY ................................................................................................................................ 13
WAY FORWARD ................................................................................................................................. 13

Legal Aid Clinic Report
ABBREVIATIONS
ADR Alternative Dispute Resolution
HAPCA HIV and AIDS Prevention and Control Act
HIV Human immuno-­‐‐deficiency virus
KASH Keeping Alive Societies’ Hope
OSF Open Society Foundation
NEPHAK The National Empowerment Network of People Living with HIV and AIDS in
Kenya
PLHIV Persons Living with HIV
LSK Law Society of Kenya

Legal Aid Clinic Report
1.0 BACKGROUND
On 13 th -­‐‐ 15 th December 2012 in Kisumu KELIN in partnership with The National
Empowerment Network of People living with HIV &AIDS in Kenya (NEPHAK) and The Law
Society of Kenya (LSK) collaborated to deliver a workshop for advocates on HIV and the Law.
Funded by the Open Society Foundation (OSF), this seminar was the second in a series of
seminars to be conducted around the country. The seminar sought to develop a critical
understanding among legal practitioners on HIV law and related human rights in order to
influence sound case law on this issue in Kenya.
The trained lawyers were encouraged to register with KELIN as pro bono lawyers. The legal
practitioners were required to provide pro bono legal services in relation to cases of health
and HIV related human rights violations from their respective counties. The support of the
lawyers was also to be used during legal aid clinics 1 that were envisioned to be conducted in
the counties of Kisumu and Nairobi to raise awareness of the members of the community on
human rights and HIV related issues and to pick up public interest cases and test cases.
1 Legal Aid Clinics involve the provision of free legal advice to members of the public by pro bono lawyers. It is
through such clinics that cases for litigation are identified. Legal aid Clinics also accord members of the public an
opportunity to receive one off professional legal advice on matters touching on health and HIV related human
rights.

Legal Aid Clinic Report
2.0 EXECUTIVE SUMMARY
KELIN is a human rights NGO working to protect and promote HIV-­‐‐related human rights in
Kenya. We do this by: providing legal services and support, training professionals on human
rights, engaging in advocacy campaigns that promote awareness of human rights issues,
conducting research and influencing policy that promotes evidence-­‐‐based change.
The Law Society of Kenya (LSK) is Kenya’s premier bar association, with membership of all
practicing advocates, currently numbering in excess of seven thousand. It has the mandate to
advise and assist members of the legal profession, the government and the larger public in all
matters relating to the administration of justice in Kenya.
The National Empowerment Network of People Living with HIV and AIDS in Kenya
(NEPHAK) is an NGO that unites support groups of PLHIV and individual PLHIV into a
national and formidable force to counter the impact of HIV and AIDS on their lives and that
of their loved ones in Kenya.
KELIN, in partnership with LSK and NEPHAK, collaborated to deliver a legal aid clinic,
which is a follow up activity to a workshop for advocates on HIV and the law that was held in
December 2012.
The Open Society Foundation (OSF) funded the Legal aid clinic, and it sought to bring the
services closer to the people who ordinarily would not afford to have access to lawyers.
The one-­‐‐day activity was held at the Kenyatta Sports Ground in Kisumu on Friday, 5 th April
2013 as from 9:00 am to 4:00pm. Other organizations that were involved in this initiative were
Women Fighting Aids in Kenya (WOFAK) and Keeping Alive Societies’ Hope (KASH).

Legal Aid Clinic Report
3.0 LEGAL AID OBJECTIVES
The objectives of the legal aid clinic were;
1) To provide legal aid services for individuals facing violations of their Health and HIV
related human rights.
2) To identify cases for possible mediation arbitration, mediation and litigation.
3) To promote comprehensive rights of persons living with HIV (PLHIV) and utilize the
available redress mechanism.
4.0 SUMMARY OF APPROACH
The clients were received by a KELIN staff member who took down their personal details and
thereafter directed them to a specific pro-­‐‐bono advocate to listen to their case and provide the
necessary legal advice.
During the clinic a total of 40 clients were attended to. 11 were female while 29 were male.
Most of the clients attended have an average income of Kshs. 6,000 per month.
A large number of the cases reported were on land and property ownership and succession.
The following is a breakdown on the cases. The clients have been given reference numbers to
conceal their identities.
5.0 TABLE OF CASES
REF NO LEGAL ISSUE ADVICE
FOLLOW UP
GIVEN
1 KELIN/LAK/001/2013 Succession
Proceedings-­‐‐ To
file for a grant
of letters of
administration
intestate to
enable the client
deal in the
estate of the
deceased.
Client advised to
secure:
Chief’s letter
Death
certificate of
the deceased
Title deed
and a
certificate of
official
search.
Thereafter pursue
the succession
The client was contacted to
establish whether he has
been able to acquire the
said documents; the
documents have not been
acquired yet.

Legal Aid Clinic Report
proceedings by
filing the relevant
application to the
court.
2 KELIN/LAK/002/2013 Breach of Client to write a
contract demand letter
demanding the
refund of the
purchase price plus
interest; if he doesn’t
respond, Client to
file a civil suit for
breach of agreement.
3 KELIN/LAK/003/2013 Land Dispute The need for Judicial
review to quash the
decision of the
tribunal as it acted
in excess of its
powers.
4 KELIN/LAK/004/2013 Allegations of Matter to be
conviction investigated.
without trial
5 KELIN/LAK/005/2013 No legal issue Referred to
raised save for NEPHAK Kisumu
the need for team.
people to accept
their status
Client advised to secure
documents to prove the
existence of the agreement.
KELIN will Call the client
to ascertain whether he has
any documents in support
of his claim.
KELIN will ascertain the
case number of the court
file and peruse the court file
to gather more information
about the case.
Call the client to furnish
more information, as the
details that were availed
were not sufficient.
No follow up is necessary.

Legal Aid Clinic Report
6 KELIN/LAK/006/2013 A counselor
reported many
cases of early
pregnancies in
the area where
it is suspected
that the
teachers are
suspected to be
responsible.
Report suspected
teachers who
impregnate the
students to police
for the police to
conduct
investigations.
No legal follow up
necessary.
7 KELIN/LAK/007/2013 Land
ownership
&trespass issue
Client to obtain a
current certificate of
search
File a suit to recover
the land and obtain
an injunction.
8 KELIN/LAK/008/2013 No legal issue Advised to go to
identified hospital
9 KELIN/LAK/009/2013 No legal issues No legal advice
identified given.
10 KELIN/LAK/010/2013 Breach of Write a letter to
confidentiality royal media services
by royal media as a preliminary to
service
pursue ADR or
court action
11 KELIN/LAK/011/2013 Breach of Make the debtor to
contract acknowledge the
debt by signing an
acknowledgment
and promise to pay.
12 KELIN/LAK/012/2013 Land dispute&
succession Client advised to
KELIN will call the client to
establish whether he has all
the documents necessary
for filing of the matter in
court.
No follow up needed.
No follow up needed.
Demand letter written to
Royal Media services.
Client to avail the signed
acknowledgment. KELIN to
consider institution of
proceedings once signed
acknowledgement is received.
Need for KELIN to
establish the status of the

Legal Aid Clinic Report
14 KELIN/LAK/014/2013 Matrimonial
property of a
HIV positive
widow
16 KELIN/LAK/016/2013 Land dispute,
succession
17 KELIN/LAK/017/2013 Negligence-­‐‐
Motor vehicle
accident
19 KELIN/LAK/019/2013 Trespass to
land
establish and advice
KELIN of the name
of the trespasser.
Client advised to
report the matter to
the police and keep
on updating KELIN
on
any
developments.
Matter referred to
KELIN Kisumu
Advocate to conduct
a conduct fact
finding to advice on
next steps.
Client advised to
undergo medical
examination to
establish whether
there is any link
between the motor
vehicle accident and
the stroke.
Client asked to
obtain a chief’s
letter, a search
document and other
relevant documents
in order to
commence
succession
matter in court at Kisii
Need to establish the name
of the person who is in
illegal occupation of the
land.
Contact her to enquire of
any development ion her
case and whether she
reported to the police.
Fact-­‐‐finding to be done.
KELIN will call on the
client to ascertain the case
number of his appeal and
also the relevant court
proceedings to assist in fast
tracking the appeal.
Contact the client to
ascertain whether he has
been able to obtain the said
documents.

Legal Aid Clinic Report
proceedings.
20 KELIN/LAK/020/2013 Unlawful
dismissal;
Note indicated.
Without being
paid wages of
Kshs 100
21 KELIN/LAK/021/2013 Training Dealt with.
certificate
22 KELIN/LAK/022/2013 Stigma and Couple encourage to
discrimination consider mediation
because of HIV slated for 8 th may
STATUS 2013 and also
undergo joint
counseling in order
to be trained how
positively.
23 KELIN/LAK/023/2013 Rent dispute Client advised to
sue for rent arrears
and obtain eviction
orders.
Referred to NALEP
or KITUO CHA
SHERIA.
24 KELIN/LAK/024/2013 Stigma and A formal complaint
discrimination be lodged to the
because of HIV hospital.
STATUS
25 KELIN/LAK/025/2013 SUCCESSION Client advised that
under
the
constitution and
under the law of
succession; land of a
N/A
No follow up.
Any action to await the
outcome of the mediation.
Client, a member of ACK
Touch life Center , to liaise
with KELIN for purposes of
creating awareness.
KELIN to do a referral
letter requesting for legal
aid from NALEP or KITUO
CHA SHERIA.
KELIN to draft a formal
letter addressed to the
hospital to stop
discrimination based on
HIV status.

Legal Aid Clinic Report
deceased who died
intestate should be
divided equally.
26 KELIN/LAK/026/2013 Land dispute Memorandum of
appearance and
defence should be
filed as the hearing
for application for
injunction is to be
heard 0n 16/04/13.
27 KELIN/LAK/027/2013 LAND
Client advised to get
DISPUTE, a surveyor to
And Rental confirm the position
issues
of the boundary;
As for the rental
issues; file a case in
the tribunal for
eviction of the
tenant.
28 KELIN/LAK/028/2013 Complainants Client advised to
about the write a letter to LSK
advocate Chairman Kisumu
Branch so as to
compel the advocate
to avail details of the
settlement.
29 KELIN/LAK/029/2013 Breach of Trust An application
under rule 48 of the
P & A rules to be
filed for the
administrator to
account in details
how he used the
Call the client on or before
12/04/2013 to enable him
respond to the application
and also file a defence.
No Follow up as the
matters therein are not
within area of KELIN’s
mandate.
KELIN to liaise with the
client for the purposes of
lodging a formal complaint
to LSK.
Client to be contacted in
two weeks time so as to
ascertain whether he has all
the documents including
the case number.

Legal Aid Clinic Report
money.
30 KELIN/LAK/030/2013 SUCCESSION The client is a man No follow up. File closed.
of means;he has an
advocate on record.
FILE SHOULD BE
CLOSED.
31 KELIN/LAK/031/2013 Motor vehicle Client should file an Contact the client to
accident. ‘enforcement suit’ ascertain whether he has
Execution of Client to obtain been able to ascertain the
judgment court proceedings as documents.
well as insurance
policy.
32 KELIN/LAK/032/2013 Discharge of a
charge
Client to find out
ways of paying the
No follow up;Matter not
within KELIN’S Mandate.
loan in order to
discharge the
charge.
33 KELIN/LAK/033/2013 Not clear Client to leave the KELIN to contact the sister.
sister’s details.
34 KELIN/LAK/034/2013 Land issue Matter already being
handled by KELIN,
Kisumu Office.
Call the client to ascertain
whether she has obtained
the chief’s letter
Client advised to get
a chief’s letter to
enable her file
succession
proceedings.
35 KELIN/LAK/035/2013 Employment Client to get all the Call the client to establish

Legal Aid Clinic Report
benefits;
Breach of
receipts he paid for
the electricity;
contract Client to obtain his
employment
contract.
36 KELIN/LAK/036/2013 R.T.A. Client to await
ruling on 27/05/13
37 KELIN/LAK/037/2013 Discrimination To be referred to a
in a support support group with
group.
counseling support,
if possible income-­‐generating
activities
(IGAS).
38 KELIN/LAK/038/2013 SUCCESSION File succession
proceedings;
Referred to NALEP,
Kituo cha Sheria and
public trustee.
39 KELIN/LAK/039/2013 Land
Procure a chief’s
issue/succession letter, death
certificate and a
Negligence/ search for succession
Medical purposes.
malpractice
Since there has been
no formal demand
for hospital fees,
client to sit still until
such a demand is
made.
40 KELIN/LAK/040/2013 Land issue Family to discuss on
succession issue;
whether he has obtained
the said documents.
No follow up.
Do a referral letter to IGAs.
KELIN to do referral letters
to NALEP, Kituo cha Sheria
and public trustee.
Contact the client to
confirm whether he has
been able to procure those
documents.
The family will report back
to KELIN in the event they
need any further help.

Legal Aid Clinic Report
6.0 METHODOLOGY
Each client was allowed to speak to a pro bono lawyer who provided the requisite legal advice.
KELIN ensured that a confidential atmosphere was created.
KELIN undertook to do a follow up on each of the cases and either files them in court or the
relevant tribunals. For the cases already filed, KELIN would assign pro bono advocates to
litigate on behalf of the clients.
KELIN also undertook to refer some of the cases that are not within her mandate to partner
organizations like FIDA (K), Kituo Cha Sheria, CRADLE (the Children’s foundation) and
NALEAP.
7.0 WAY FORWARD
At the end of the Legal Aid Clinics:
1) KELIN, will go through the cases presented and documented by the pro bono
advocates and do follow ups, thereafter offer legal representation to the clients who
need the same.
2) KELIN will refer some of the cases not within its mandate to partners.